It took three debates, but last Tuesday immigration finally came up in the presidential debates. President Obama touted his DREAM initiative, argued that he has made the legal immigration system much more streamlined and has slowed illegal immigration at the borders. Governor Romney argued that he would favor some kind of DREAM Act proposal, argued that he would be able to pass an immigration reform measure (without "amnesty") and would "staple a green card" to the diplomas of advanced degree science, technology, engineering and math graduates of US institutions.

The two also attacked each other. Romney argued that President Obama failed to keep his promise to pursue immigration reform in his first year in office. President Obama accused Governor Romney of endorsing the Arizona immigration law, opposing the DREAM Act and favoring a policy of "self-deportation."

The President defended himself saying that Romney and the Republican Congress have shown no interest in negotiating on reform. Romney responded to the President's criticism claiming he only endorsed the E-Verify sections of the Arizona law. President Obama reminded Romney that the author of the Arizona law, Kris Kobach, is a senior Romney advisor on immigration policy.

To date, President Obama's message has been more appealing to Hispanic voters, the one voting bloc that polling indicates actually cares about the immigration issue. The President has been leading Romney by 50 points with this group, far more than the 12 point margin John Kerry had in 2004.

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The US Second Circuit Court of Appeals issued a major decision this week ruling the Defense of Marriage Act is unconstitutional. DOMA bars federal agencies from providing any benefits to individuals in same sex marriages and unions. And that means US citizens are unable to sponsor their same-sex spouses for immigration benefits even if the marriage takes place in one of the growing number of states that allows such marriages or in a country where same sex marriages are legal. The US Supreme Court is likely going to be rule on DOMA soon.

The President has said he believes DOMA is unconstitutional and will not defend DOMA in court, but will continue to instruct the federal government to apply DOMA until the law is completely overturn by the courts or Congress repeals it. However, the Administration did just announce that same sex marriages and unions will now be a factor in determining when deportation proceedings will be initiated.

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In firm news, Elissa Taub and I recorded a webinar on physician immigration geared to physicians (as opposed to recruiters or employers) and we have placed the program on Youtube at http://youtu.be/NVbwGYQ7cjw. We plan on posting more programs online in the coming months and I'll provide the links here.

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Readers are reminded that they are welcome to contact my law office if they would like to schedule a telephone or in person consultation with me or one of my colleagues. If you are interested, please call my office at 901-682-6455.

Regards,